OHIO IMPAIRED DRIVING LAW
TYPES OF OFFENSES
! Operation under the influence of alcohol, drug of abuse or both. RC 4511.19(A)(1)(a).
! Operation with concentration of alcohol specified below. RC 4511.19(A)(1)(b)-(i).
Alcohol Level
Low Test
High Test
Whole Blood
≥ .08%
§(A)(1)(b)
< .17%
≥ .17%
§(A)(1)(f)
Blood Serum or Plasma
≥ .096%
§(A)(1)(c)
< .204%
≥ .204%
§(A)(1)(g)
Breath
≥ .08g
§(A)(1)(d)
< .17g
≥ .17g
§(A)(1)(h)
Urine
≥ .11g
< .238g
≥ .238g
§(A)(1)(e)
§(A)(1)(i)
! Operation with concentration of controlled substance specified below. RC 4511.19(A)(1)(j)(i)-(xi).
Controlled Substance
Urine
Whole Blood, Blood Serum or Plasma
Section No.
Amphetamine
Cocaine
Cocaine Metabolite
Heroin
≥ 500 ng
≥ 150 ng
≥ 150 ng
≥ 2000 ng
≥ 100 ng
≥ 50 ng
≥ 50 ng
≥ 50 ng
(A)(1)(j)(i)
(A)(1)(j)(ii)
(A)(1)(j)(iii)
(A)(1)(j)(iv)
Heroin Metabolite
(6-monoacetyl morphine)
≥
10 ng
≥ 10 ng
(A)(1)(j)(v)
≥
≥
25 ng
10 ng
≥ 10 ng
≥ 2 ng
(A)(1)(j)(vi)
(A)(1)(j)(vii)
≥ 15 ng
≥ 35 ng
≥ 500 ng
≥ 25 ng
≥ 5 ng
≥ 50 ng
≥ 100 ng
≥ 10 ng
(A)(1)(j)(viii)(I)
(A)(1)(j)(viii)(II)
(A)(1)(j)(ix)
(A)(1)(j)(x)
L.S.D.
Marihuana
Marihuana Metabolite
and under the influence
Marihuana Metabolite
Methamphetamine
Phencyclidine
Salvia divinorum
and salvinorin A
To be specified by State
Board of Pharmacy rule
To be specified by State
Board of Pharmacy rule
(A)(1)(j)(xi)
! Operation under the influence of alcohol, drug of abuse or both, with prior OVI conviction in 20 years, and
with current refusal of chemical test or tests. RC 4511.19(A)(2).
! Operation by person under age 21 with concentration of alcohol specified below. RC 4511.19(B)(1)-(4).
Whole Blood
≥ .02%
< .08%
Blood Serum or Plasma
§(B)(1)
≥ .03%
< .096%
§(B)(2)
Breath
≥ .02g
< .08g
Urine
§(B)(3)
≥ .028g
< .11g
§(B)(4)
! Having physical control while under the influence of alcohol, drug of abuse or both, or with concentration of
alcohol or controlled substance equal to or greater than §(A)(1)(b)-(e) or (j) amounts. RC 4511.194(B)(1)-(3).
ADMINISTRATIVE LICENSE SUSPENSIONS1
Refusal of Chemical Test RC 4511.191(B)
No. of Refusal/
Offense in 10 Years
1st
2nd
3rd
4th or more
Type and Length2
of Suspension
Class C (1 year)
Class B (2 years)
Class A (3 years)
5 years
Driving
Privileges
After 30 days
After 90 days
After 1 year4
After 3 years4
Restricted Plates
Restricted license/
Interlock3
Optional
Optional
Optional
Optional
Optional
Optional
Optional
Optional
Failed Chemical Test5 RC 4511.191(C)
No. of Offense
in 10 Years
1st
2nd
Type and Length6
of Suspension
Class E (90 days)
Class C (1 year)
Driving
Privileges
After 15 days
After 45 days
Restricted Plates
Restricted license/
Interlock3
Optional
Optional
Optional
Optional
3rd
Class B (2 years)
After 180 days7
Optional
4th or more
Class A (3 years)
After 3 years7
Optional
Required if alcoholrelated; optional if drug.
Required if alcoholrelated; optional if drug.
1
The imposition of an ALS, or a violation of RC 4506.15(A), results in a one-year commercial driver’s (CDL) license disqualification. A second anytime results in a
lifetime disqualification. RC 4506.16(D). No CDL privileges may be granted on an ALS or OVI suspension. RC 4510.13(A)(4). Further, CDL operators are subject
to separate offenses prohibiting lower alcohol and/or controlled substance levels while operating a commercial vehicle. RC 4506.15.
2
Refusal suspension terminates upon guilty or no contest plea resulting in conviction with time served to be credited against judicial suspension. RC 4511.191(B)(2).
However, a subsequent finding of not guilty does not affect the suspension. RC 4511.191(D)(1).
3
A RC 4510.46 certified ignition interlock device (IID) violation, or operation of vehicle without IID, is subject to RC 4510.13(A)(8) penalties. Operation without
a restricted license is subject to RC 4511.14 penalties.
4
No privileges may be granted to offender with refusal who has had three or more test refusals within the preceding ten years. RC 4510.13(A)(3).
5
Failed chemical test result is a concentration of alcohol or controlled substance equal to or greater than RC 4511.19(A)(1)(b)-(e) or (j) amounts. RC 4511.191(C)(1).
6
Suspension for failing test terminates upon guilty or no contest plea resulting in conviction with time served is to be credited against judicial suspension.
RC 4511.191(C)(2). Under RC 4511.191(D)(1), any subsequent finding of not guilty does not affect the suspension. But under RC 4511.197(D), where the suspension
is continued upon appeal, a subsequent finding of not guilty terminates it.
7
No privileges may be granted to offender with failed test who has had three or more convictions or guilty pleas within the preceding ten years. RC 4510.13(A)(3).
Appeal RC 4511.197
An administrative license suspension may be appealed at the initial appearance (5 day hearing), or within 30 days of the same.
The scope of appeal is limited to determining whether one or more of the following conditions have not been met:*
1. Whether the officer had reasonable ground to believe the person was OVI, OVUAC, or in physical control in violation of statute or
municipal ordinance, and whether the person was in fact placed under arrest. RC 4511.197(C)(1).
2. Whether the officer requested the person to submit to a chemical test or tests. RC 4511.197(C)(2).
3. Whether the officer informed the person of consequences of taking or refusing test or tests; or for repeat OVI offender that would be
required to be sentenced under RC 4511.19(G)(1)(c),(d), or (e), that in event of test refusal officer could use whatever reasonable
means were necessary to ensure the person submitted to a blood test. RC 4511.197(C)(3).
4. Whichever of the following applies:
a. if a test refusal suspension was imposed, whether the person refused to submit to test or tests requested by the officer, or
b. if a failed test suspension was imposed, whether at the time of the offense, the bodily substance tested contained a prohibited
concentration of alcohol or a listed controlled substance or metabolite. RC 4511.197(C)(4).
*
Note, however, that BMV Form 2261 (ALS Court Disposition Notification), sets forth additional reasons for appeal not contained in RC 4511.197(C).
PENALTIES
OPERATING VEHICLE UNDER THE INFLUENCE RC 4511.19(A),(G) - 6 POINTS
No. and
Type of
Offense
Degree of
Offense
1st in 10 years
[simple OVI,
low test or drug]
M-1
1st in 10 years
and either:
[a] high test, or
[b] refusal with
prior in 20 years
unlimited privileges with
IID, jail to be suspended]1
6 days jail or 3 days jail
and DIP. Up to 6 months.
[If ∆ given unlimited
privileges with IID, jail
to be suspended]1
10 days jail or
5 days jail and
18 days HAEM
and/or CAM.2
Up to 6 months.
M-1
2nd in 10 years
and either:
[a] high test, or
[b] refusal with
prior in 20 years
M-1
3rd in 10 years
[simple OVI,
low test or drug]
Unclassified
misdemeanor
3rd in 10 years
and either:
[a] high test, or
[b] refusal with
prior in 20 years
Unclassified
misdemeanor
Either:
[a] 4th or 5th in
10 years, or
[b] 6th in 20 years
[simple OVI,
low test or drug]
Either:
[a] 4th or 5th in
10 years, or
[b] 6th in 20 years
[ and high test
or refusal]
2nd felony
lifetime
[simple OVI,
low test or drug]
2nd felony lifetime, and either:
[a] high test, or
[b] refusal
1st or 2nd felony
lifetime with
RC 2941.1413
specification
st
Fines
3 days jail or DIP. Up to
6 months. [If ∆ given
M-1
2nd in 10 years
[simple OVI,
low test or drug]
Incarceration
20 days jail or
10 days jail and
36 days HAEM
and/or CAM.2
Up to 6 months.
30 days jail or
15 days jail and
55 days HAEM
and/or CAM.2
Up to 1 year.
60 days jail or
30 days jail and
110 days HAEM
and/or CAM.2
Up to 1 year.
Treatment
Type and
Length of
Suspension
Unclassified
$375 $1,075
Optional
$375 $1,075
Optional
$525 $1,625
Alcohol/drug
assessment
and
recommended
treatment
mandatory
$525 $1,625
Alcohol/drug
assessment
and
recommended
treatment
mandatory
$850 $2,750
Alcohol/drug
Addiction
program
mandatory
Unclassified
(2 to 12 years)
$850 $2,750
Alcohol/drug
addiction
program
mandatory
Unclassified
(2 to 12 years)
$1,350 $10,500
Alcohol/drug
addiction
program
mandatory
Class 2
(3 years
to life)
(1 to 3
years)
Unclassified
(1 to 3
years)
Unclassified
(1 to 7
years)
Unclassified
(1 to 7
years)
[minimum may
be reduced to
1 year]
[minimum may
be reduced to
1 year]
Driving
Privileges
Restricted Plates
and/or License/
Interlock
Immobilization/
Forfeiture
After 15
days1
Plates optional.
License/interlock
required with
unlimited privileges.
No
After 15
days1
Plates required.
License/interlock
required with
unlimited privileges.
No
After 45
days3
Plates optional.
License/interlock
required if alcoholrelated, optional
if drug.
Immobilize
90 days if
registered
to ∆4, 5
After 45
days3
Plates required.
License/interlock
required if alcoholrelated, optional
if drug.
Immobilize
90 days if
registered
to ∆4, 5
After 180
days3, 6
After 180
days3, 6
Forfeit if
registered
to ∆7
Class 2
(3 years
to life)
After 3
years3, 6
Plates required.
License/interlock
required if alcoholrelated, optional
if drug-related.
Forfeit if
registered
to ∆7
F-4
120 days local
incarceration, up to 1 year;
or 120 days prison, with
option of additional
8
6 to 30 months.
$1,350 $10,500
Alcohol/drug
addiction
program
mandatory
F-3
60 days prison.
Up to 36 months.8, 9
$1,350 $10,500
Alcohol/drug
addiction
program
mandatory
Class 2
(3 years
to life)
After 3
years3, 6
F-3
120 days prison.
Up to 36 months.8, 9
$1,350 $10,500
Alcohol/drug
addiction
program
mandatory
Class 2
(3 years
to life)
After 3
years3, 6
1, 2, 3, 4, or 5 years prison
to be served prior and
consecutive to any
F-4 or F-3 penalties as set
forth in boxes above and
which may be imposed.
$1,350 $10,500
Alcohol/drug
addiction
program
mandatory
Class 2
(3 years
to life)
After 3
years3, 6
F-3
(2nd felony)
Forfeit if
registered
to ∆7
After 3
years3, 6
F-4
(1 felony)
Forfeit if
registered
to ∆7
Plates required.
License/interlock
required if alcoholrelated, optional
if drug.
60 days local incarceration,
up to 1 year; or 60 days
prison, with option of
8
additional 6 to 30 months.
F-4
Plates required.
License/interlock
required if alcoholrelated, optional
if drug-related.
Plates required.
License/interlock
required if alcoholrelated, optional
if drug.
Plates required.
License/interlock
required if alcoholrelated, optional
if drug.
Plates required.
License/interlock
required if alcoholrelated, optional
if drug.
Plates required.
License/interlock
required if alcoholrelated, optional
if drug.
Forfeit if
registered
to ∆7
Forfeit if
registered
to ∆7
Forfeit if
registered
to ∆7
1
If defendant requests and court grants order of “unlimited driving privileges” with certified ignition interlock device (IID), it must suspend any jail term imposed (but the term
must be served if order is violated during suspension period). RC 4510.022(C)(2)(c); RC 4519.11(G)(1)(a). Court may reduce up to one-half of the license suspension period.
RC 4510.022(C)(2)(b). RC 4510.14 penalties apply if ∆ fails to obtain restricted license. RC 4510.022(D)(2). Penalties for violation of IID order contained in RC 4510.022(E).
2
“HAEM” is house arrest with electronic monitoring. “CAM” is continuous alcohol monitoring. Within 60 days, court must issue finding of lack of jail space. RC 4511.19(G)(3).
3
RC 4510.46 IID violation or operation of vehicle without IID is subject to RC 4510.13(A)(8) penalties. Operation without restricted license is subject to RC 4511.14 penalties.
4
Court may terminate immobilization if privileges granted. Upon good cause showing that ∆ violated any condition, immobilization may be reinstated. RC 4510.13(A)(5)(e)(ii).
5
Waiver may be granted for “family or household member” if completely dependent on vehicle and immobilization would be undue hardship. RC 4503.235.
6
No privileges may be granted on suspension imposed on offender who has had three or more convictions or guilty pleas within the preceding ten years. RC 4510.13(A)(3).
7
If vehicle forfeiture is required and title is assigned/transferred, offender may be fined value of vehicle per national auto dealers’ association publications. RC 4503.234(E).
8
Under RC 2967.19, court has limited power to order early release for felony offender serving prison term imposed under RC 2929.13(G)(2).
9
Ohio Supreme Court held in State v. South, 2015-Ohio-3930, that under RC 2929.14(B)(4), the maximum sentence for an F-3 OVI is 36 months rather than 5 years as
provided in RC 4511.19(G)(1)(e). Although South involved an F-3 with an RC 2941.1413 specification, its logic would apply to any F-3 OVI.
OPERATING VEHICLE AFTER UNDERAGE ALCOHOL CONSUMPTION RC 4511.19(B),(H) - 4 POINTS
No. of
Offense
Degree
of
Offense
Incarceration
Fines
Treatment
1st in
1 year
M-4
0-30 days jail [If ∆ given
unlimited privileges with
IID, jail to be suspended]
$0-$250
Optional
M-3
0-60 days jail
$0-$500
Optional
2nd or more
in 1 year
License
Suspension
Driving
Privileges
Restricted
License/
Interlock
Immobilization/
Forfeiture
Class 6
(90 days to 2 years)
After 60 days
License/interlock
required with
unlimited privileges
No
After 60 days
Optional
No
[may be reduced up to
half w/IID]
Class 4
(1 to 5 years)
PHYSICAL CONTROL WHILE UNDER THE INFLUENCE RC 4511.194 - 0 POINTS
No. of
Offense
Degree
of
Offense
Incarceration
Fines
Treatment
License
Suspension
Driving
Privileges
Restricted
License/
Interlock
Immobilization/
Forfeiture
Any
M-1
0-180 days jail
$0 - $1,000
Optional
Class 7 optional
(Up to 1 year)
No “hard-time”
Optional
No
Judge Jennifer P. Weiler, Garfield Heights Municipal Court
© 2017 Jennifer P. Weiler. All rights reserved. Effective 4-6-2017. Updated 4-26-2017.